An unmarried debtor with no children could claim a homestead exemption as head of a family because he had lived in the house with his mother pre-petition, providing care and support for her, although she no longer resided there on the petition date.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
The District of Nebraska offers a database of opinions for the years 1997 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Summary judgment was denied on the dischargeability of the debtor's student loan. Additional evidence on the debtor's financial resources and living expenses was necessary before the court could determine whether undue hardship would occur.
In claims litigation, the court permitted, in limited scope, the pro se debtor's attempts to obtain discovery from two banks and a surety company, to the extent the documents requested were readily available and relatively easy to produce.
Business-related lease payments due from debtors, when calculated pursuant to § 502(b)(6)(A), are less than the debtors' consumer debts. Because they have "primarily consumer debts," they are subject to the means-testing provisions of § 707(b).
The court dismissed a preference allegation against the defendant creditor because the complaint was not timely filed. The statute of limitations expired on the second anniversary of the petition date, and this complaint was filed two days later.
The court dismissed the preference cause of action filed by the debtor in possession as untimely. The two-year limitations period in § 546 expires on the second anniversary of the petition filing date, so this complaint was filed two days too late.
The court declined to grant relief to the defendant under Rule 60(b) and denied its motion to set aside a default judgment. The defendant did not demonstrate excusable neglect or a meritorious defense that would warrant setting aside the judgment.
Reported at 383 B.R. 735. Phone calls – at least 22 – from the mortgage loan servicer to the debtors, after being advised of the bankruptcy and of debtors' surrender of the property, were a willful violation of the automatic stay and warranted sanctions.
The court approved the trustee's settlement with a creditor, over the debtor's objection, because the amount of the creditor's claim had yet to be determined and because the debtor had been benefitting from assets that were property of the estate.
A Chapter 13 debtor had no standing to attempt to avoid a lien on her car. The bank's notation of lien release on the certificate of title was simply a mistake. The lien was not released and the bank retained a perfected security interest in the vehicle.